Customs (Prohibited Imports) Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 2651

 

Customs (Prohibited Imports) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the *Customs Act 1901.

Dated 8 August 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

John N. Button.

Minister of State for

Industry, Technology and Commerce

 

1. Amendment

1.1 The Customs (Prohibited Imports) Regulations are amended as set out in these Regulations.

2. New regulation 4qa.

2.1 After regulation 4q, insert:

Importation of goods from Iraq and Kuwait

“4QA. (1) In this regulation:

‘authorised person’ means a person appointed in writing by the Minister to be an authorised person for the purposes of this regulation;

‘Iraq’ means the Republic of Iraq;

‘Kuwait’ means the State of Kuwait;

‘Minister’ means the Minister of State for Foreign Affairs and Trade.

“(2) The importation into Australia:

(a) from Iraq or Kuwait of goods of any description; or

(b) from any country of goods that are of Iraqi or Kuwaiti origin; or

(c) of goods that are certified by the Minister to be goods that the Minister has reasonable grounds for believing are from Iraq or Kuwait or are of Iraqi or Kuwaiti origin;

is prohibited unless the permission in writing of the Minister or, subject to subregulation (3), an authorised person to import those goods is produced to a Collector.

“(3) Where, in relation to an application for permission under subregulation (2) for the importation of goods into Australia, an authorised person has formed an opinion that the permission should not be granted, the authorised person must refer the application to the Minister.

 

“(4) Where an application has been referred to the Minister under subregulation (3), the Minister may grant, or refuse to grant, the permission.

“(5) A permission granted under subregulation (2) or (4) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or reqirement, specify a time (being a time before or after the importation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder.

“(6) Where:

(a) a permission granted under subregulation (2) is subject to a condition or requirement to be complied with by the holder; and

(b) the holder fails to comply with the condition or requirement;

the Minister may revoke the permission whether or not the holder is charged with an offence against subsection 50 (4) of the Act in respect of the failure to comply with the condition or requirement.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 8 August 1990.

2. Statutory Rules 1956 No. 90 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 39 and see also